Mother, S v London Borough of Greenwich & Ors

Mother, S v London Borough of Greenwich & Ors

The mother has made significant and sustained changes, is now able to provide safe and stable care for T, and all professionals and the expert support his return to her care. While R has provided good care, her conduct has at times undermined T’s emotional welfare and the mother’s role. The long-term welfare benefits of T being raised by his mother outweigh the short-term distress of separation from R. The care order is discharged, T shall live with his mother, and a supervision order for twelve months is appropriate to support the transition and safeguard T’s welfare.

Parties
Applicant: Mother, S; First Respondent: London Borough of Greenwich; Second Respondent: Father, M; Third Respondent: Paternal Cousin, R; Fourth Respondent: A Child, T (via his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 September 2022
Procedural Posture
Family Law Children / Final Judgment on Applications to Discharge Care Order and for Special Guardianship Order
Outcome
Care order discharged; child to live with mother under a supervision order for twelve months; child arrangements order made for contact with R and other family members; indirect contact with father to be risk-assessed and supervised.
Legal Topics
Discharge of Care Order, Special Guardianship Order, Child Arrangements, Contact With Parents and Extended Family, Supervision Order
Family Law Child Law Discharge of Care Order Special Guardianship Order Child Arrangements Contact With Parents and Extended Family Supervision Order

Case Brief

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Parties

Mother, S

Applicant

London Borough of Greenwich

First Respondent

Father, M

Second Respondent

Paternal Cousin, R

Third Respondent

A Child, T (via his Children’s Guardian)

Fourth Respondent

Procedural Posture

Family Law Children / Final Judgment on Applications to Discharge Care Order and for Special Guardianship Order

Legal Issues

  1. 1 Whether the care order in respect of T should be discharged
  2. 2 Whether T should be returned to the care of his mother or remain with R under a special guardianship order
  3. 3 Appropriate contact arrangements for T with R, the father, and extended family

Ratio Decidendi

The mother has made significant and sustained changes, is now able to provide safe and stable care for T, and all professionals and the expert support his return to her care. While R has provided good care, her conduct has at times undermined T’s emotional welfare and the mother’s role. The long-term welfare benefits of T being raised by his mother outweigh the short-term distress of separation from R. The care order is discharged, T shall live with his mother, and a supervision order for twelve months is appropriate to support the transition and safeguard T’s welfare.

Court Disposition

Care order discharged; child to live with mother under a supervision order for twelve months; child arrangements order made for contact with R and other family members; indirect contact with father to be risk-assessed and supervised.

Orders

  • Discharge of care order in respect of T
  • Supervision order for twelve months to the local authority